Category Archives: Premises Liability
Open And Obvious And Comparative Negligence Defenses In Premises Liability Cases
In any type of accident, including a fall on someone’s property, a Defendant can say as a defense that you are partly responsible for your own fall. That is, that you were negligent by failing to care for yourself, avoid what you fell on, or that you otherwise did or didn’t do something that… Read More »
The Role Of Constructive Knowledge In Slip And Fall Cases
When you are injured because of a dangerous condition on someone’s property, the property owner must know about the dangerous condition beforehand. After all, how can a property owner be expected to repair or clean or warn of a dangerous condition that the property owner didn’t actually know about? On the other hand, if… Read More »
Who Are You: Invitee Or Trespasser? It Makes A Difference
There is a famous song from the rock group “The Who,” where they ask, over and over again, “Who are you?” That’s a classic line, which actually also is an important question when you are injured on someone else’s property. You and the Property Owner That’s because your relationship to the property owner is… Read More »
Is a Property Owner Liable for a Shooting That Occurs on a Public Street?
Personal injury claims in Tennessee are based on a defendant’s “duty of care” to the plaintiff. In plain English, this means a person (or a corporate entity) must act reasonably to avoid injuring other people. But legally speaking, the burden of proof is on the victim to show this duty existed–and that the defendant… Read More »
Is a Leaky Bathroom Faucet Always a “Dangerous Condition”?
When you are injured in a slip-and-fall accident as the result of a property owner’s failure to correct a known dangerous condition on their premises, you have the right to seek compensation for your personal injuries. It is critical to understand, however, that not all hazards are legally classified as dangerous conditions. Tennessee courts… Read More »
Can a Tennessee Building Owner Blame for an Accident on Their Property?
People often think of premises liability cases in terms of businesses and their customers. For instance, if someone is shopping at the supermarket and slips on a puddle of water in the middle of an aisle, the store owner may be held liable for any injuries. But anyone who is lawfully invited onto a… Read More »
Custodians’ Neglect Leads to $180,000 Slip-and-Fall Judgment Against TN School District
Perhaps the most common type of slip-and-fall accident involves a person slipping on a wet floor due to a lack of proper warning signs. Such personal injury claims are relatively straightforward. But they may be slightly complicated when the “wet floor” in question belongs to a state or local government entity. Court Rules Teacher… Read More »
Is a Building Owner Liable if a Construction Subcontractor Is Injured?
In Tennessee, property owners are generally liable if they fail to “exercise reasonable care” to prevent personal injury to individuals who are lawfully on the premises. This includes any people who are performing contracted work on the property. Indeed, Tennessee law expressly guarantees employees of independent contractors working on the premises the right to… Read More »
Is a Store Liable if I Sit on a Broken Chair?
When you enter a store or other public business, the owner has a legal responsibility to ensure the premises are in a reasonably safe condition. But this does not mean a business owner is an absolute insurer of your safety. To the contrary, Tennessee law generally holds an owner liable when it has “superior”… Read More »
How Prior Personal Injury Decisions May Affect Your Slip and Fall Case
Tennessee law is largely based on precedent. Basically, this means that when a judge is deciding your case, he or she will look to previous cases involving similar situations before determining the appropriate outcome for your dispute. But not all precedents are equally helpful. For instance, the facts of every personal injury claim are… Read More »
